Or. Admin. R. 137-020-0300
137-020-0300 Unordered Real Estate, Goods, or Services
(1)
As used
in OAR 137-020-0300:
(a)
"Goods"
includes real estate and services;
(b)
"Mistake"
means unintentionally providing or sending goods to consumers;
(c)
"Person"
includes individual, corporation, partnership, association or any other legal
entity;
(d)
"Real Estate,
Goods or Services" has the same meaning as ORS 646.605(7);
(e)
"Send" includes
delivery, mail, provide, or caused to be delivered, mailed or provided;
(f)
"Unordered Goods"
means any real estate, goods or services which are sent without prior expressed
request or consent from the person receiving the goods;
(g)
"Unordered Goods"
do not include:
(A)
Goods sent or services
performed by mistake;
(B)
A gift given free
of charge to a consumer;
(C)
Additions to existing
services or levels of services already provided to consumers for which there
is no separate and specific charge for such additions;
(D)
Restructuring, after
notice pursuant to section (2) of this rule of existing goods or services or
levels of services already provided, where the restructuring does not result
in a substantial change in goods or services;
(E)
Goods sent pursuant
to an agreement that is in compliance with 16 CFR § 425 .
(2)
A person satisfies
the notice requirement of paragraph (1)(g)(D) of this rule when:
(a)
The consumer receives
one notice separate from the provider's regular billings, at least 30 but not
more than 45 days, in advance of the effective date of the delivery of the new
goods, clearly and conspicuously:
(A)
Describing the specific
goods to be delivered;
(B)
Stating the price
of the goods to be delivered;
(C)
Informing the consumer
that the goods will be delivered unless the consumer informs the provider that
the goods are not wanted; and
(D)
Informing the consumer
of at least two methods, at least one of which is expense-free to the consumer,
by which the consumer can inform the provider of the consumer's desire not to
receive the goods.
(b)
The first bill, containing
a charge for the goods, clearly and conspicuously, and in direct proximity to
an itemized listing of the new charge on the face of the bill, advises the consumer
of the inclusion of the new charge on the bill for the new goods and of the
consumer's right to cancel those goods within ten days of the receipt of the
bill at no cost to the consumer for the period during which those goods were
provided prior to effective cancellation.
(3)
The notice required
by section (2) of this rule shall not require the consumer to cancel the goods
to avoid the charge prior to ten days after the consumer's receipt of the first
bill containing the charges for goods.
(4)
For purposes of this
rule, cancellation by mail shall be effective upon the date of mailing the request
for cancellation.
(5)
It shall be unfair
and deceptive in trade or commerce for any person to:
(a)
Send a consumer unordered
goods unless the person sending the goods proves the goods were sent by mistake,
as a gift, or as a result of the consumer's prior expressed request or consent;
(b)
Send any bill to a
consumer for any unordered goods;
(c)
Interrupt, delay,
terminate, cancel, or deny delivery of or other provision of goods to a consumer
because the consumer has not paid for or returned unordered goods;
(d)
Require a consumer
to consent to or authorize the receipt of unordered goods as a condition of
doing business with the person.
[Publications: The Publication(s)
referred to or incorporated by reference in this rule are available from the
agency.]
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